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Ordinance No. 10,303ORDINANCE NO. 10,303 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AMENDMENT NO. 2 TO THE CONTRACT FOR ENGINEERING SERVICES WITH LOCKWOOD, ANDREWS, AND NEWNAN, INC., FOR THE CENTRAL DISTRICT WASTE. WATER TREATMENT PLANT REHABILITATION PROJECT; AUTHORIZING ADDITIONAL PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIXTY -THREE THOUSAND FIFTY -SIX AND NO /100 DOLLARS ($63,056.00); MAKING OTHER PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager to execute and the City Clerk to attest to Amendment No. 2 to the contract for engineering services with Lockwood, Andrews, and Newnan, Inc., for additional services associated with the Central District Waste Water Treatment Plant Rehabilitation Project. A copy of said amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes additional payment to Lockwood, Andrews, and Newnan, Inc., in an amount not to exceed SIXTY -THREE THOUSAND FIFTY -SIX AND NO /100 DOLLARS ($63,056.00) for professional engineering services in accordance with the amendment authorized in Section 1 hereof. Section 3: That in addition to the amount specified in Section 2 hereof, the City Manager is hereby granted general authority to approve a decrease or an increase in costs by TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or less, provided that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent (25 %). Section 4: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 13th day of April, 2006. CALVIN MUNDINGER, Ma Y­,__City Clerk • ACIO RAMIREZ, SR., (ti y Attorney R: \Karen\Files \City Council \Ordinances\200G\April MLANAmendmentNoldoc AMENDMENT NO.2 TO THE STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF HARRIS § This Amendment No. 2 ( "Second Amendment ") to that certain "Standard Form of Agreement between Owner and Engineer for Professional Services" between the City of Baytown and Lockwood, Andrews & Newnam, Inc., effective July 23, 2004, is made by and between the same parties on the date hereinafter last specified. W ITNESSETH: WHEREAS, the City of Baytown ( "Owner ") and Lockwood, Andrews & Newnam, Inc. ( "Engineer ") did enter into an Engineering Services Agreement, effective on July 23, 2004 ( "Agreement "); and WHEREAS, after the effective date of the Agreement, the Engineer and the City entered into the First Amendment to the Standard Form of Agreement on April 11, 2005 ( "First Amendment ") for engineering services related to the relocation of MCC -1B to a new position within the blower building adjacent to the existing MCC -lA and to add additional electrical services; and WHEREAS, Owner and Engineer now again desire to amend the scope of the services to be performed pursuant to the Agreement to add inspection services; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained, the parties hereto do hereby mutually agree as follows: Construction. Unless a different meaning clearly appears from the context, words and phrases as used in this Second Amendment shall have the same meanings as in the Agreement. 2. Amendments. a. Section 1.01.0 of the Agreement is hereby amended to read as follows: C. ENGINEER shall furnish Resident Project Representative (s) with duties and responsibilities as set forth in Exhibit D. b. Section 8.01.D of the Agreement is hereby amended to read as follows: D. Exhibit D, "Duties, Responsibilities and Limitations of Authority of Resident Project Representative," consisting of 3 pages. Amendment No. 2 to the Standard Form of Aereement for Professional Services, Page 1 EMM A ® C. Exhibit C, Article 4, Section C4.0l.A.1 to the Agreement shall be amended to add subsection g: (Modified) A cost not to exceed amount of $212,254.00, which does not include those Engineer's Consultant's charges as provided below in this Article 4, Subparagraph C4.05. The fee shall be distributed at the completion of each of the phase and shall not exceed the following for each itemized phase or category: g. Resident Project Representative $ 63,056.00 d. The compensation for Resident Project Representative Services referenced in this Section 2.c. of this Second Amendment shall be calculated based upon the following rate schedule: Chuck Hewell, P.E Construction/Project Manager $ 140.00/hour Troy Saultz Resident Project Representative $ 84.00/hour Ricardo Ramirez Engineer in Training $ 70.00/hour 3. Conflicts. The provisions of this Amendment and the provisions of the Agreement should be read together and construed as one agreement provided that, in the event of any conflict or inconsistency between the provisions of this Amendment and the provisions of the Agreement, the provisions of this Amendment shall control. IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same agreement, this day of 12006. CITY OF BAYTOWN ATTEST: LORRI COODY, City Clerk APPROVED AS TO FORM: is IGNACIO RAMIREZ, SR., City Attorney Amendment No. 2 to the Standard Form of Atrreement for Professional Services, Page 2 GARY JACKSON City Manager • ATTEST: By: (Signature (Printed Name) ��v��c,C+ rC�t4tNFE� (Title) LOCKWOOD, ANDREWS & NEWNAM, INC. /-By: `'�� - . ANTHONY B Y E. Senior Vice President • R:\ Karen \Filcs\Engincering\Architect Agrccmcns \LAMCcntral District WWTP Rehabilitation\ Amrndmcati'4o2ForinspecdonScrviccs.doc Amendment No. 2 to the Standard Form of Aereement for Professional Services, Page 3 This is EXHIBIT D, consisting of 3 pages, referred to in ® and 'part of the Agreement between OWNER and ENGINEER for Professional Services dated Initial: OWNER ENGINEER Resident Project Representative Responsibilities Article 1 of the Agreement is amended and supplemented to include the following agreement of the parties. D1.01 In addition to other responsibilities of ENGINEER as set forth in this Agreement, ENGINEER, through its RPR and staff identified in Section 2.d of the Second Amendment shall perform the following tasks related to Resident Project Representative services: Task 1 RPR shall review the progress schedule, schedule of Shop Drawing submittals, and Schedule of Values prepared by Contractor and consult with ENGINEER concerning acceptability. Task 2 RPR shall attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project - related meetings, and prepare and circulate copies of minutes thereof. Task 3 RPR shall serve as ENGINEER'S liaison with Contractor, working principally through Contractor's superintendent and assist in understanding the intent of Contract Documents; and assist ENGINEER in serving as OWNER's liaison with Contractor when Contractor's operations affect OWNER's on -site operations. Task 4 RPR shall record date of receipt of Shop Drawings and Samples, shall receive Samples, which are furnished at the site by Contractor, and notify ENGINEER of availability of Samples for examination. Further, the RPR shall advise ENGNEER and Contractor of the commencement of any Work requiring a Shop Drawing or Sample if ENGINEER has not approved the submittal. Task 5 RPR shall conduct on -site observations of the Work in progress to assist ENGINEER in determining if the Work is in general proceeding in accordance with the Contract Documents. Task 6 RPR shall report to ENGINEER whenever RPR believes that any Work will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. • Page 1 of 3 pages (Exhibit D — Resident Project Representative's Responsibilities) ® Task 7 RPR shall verify that tests, equipment and system startups and operating and maintenance training are conducted in the presence of appropriate personnel, and that Contractor maintains adequate records thereof; and observe, record and report to ENGNEER appropriate details relative to the test procedures and startups. Task 8 RPR shall accompany visiting inspectors representing public or other agencies having jurisdiction over the Project, record the results of these inspections and report to ENGNEER. Task 9 RPR shall report to ENGNEER when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by ENGNEER. Task 10 RPR shall consider and evaluate Contractor's suggestions for modifications in Drawings or Specifications and report recommendations to ENGNEER. RPR shall transmit to Contractor in writing decisions as issued by ENGNEER. Task 11 RPR shall maintain orderly files for correspondence, report of job conferences, Shop Drawings and Samples, reproductions of original Contract Documents including all Work Change Directives, Addenda, Change Orders, Field Orders, additional Drawings issued subsequent to the execution of the Contract, ENGNEER's clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing submittals received from and delivered to Contractor and other Project related documents. Task 12 RPR shall prepare a daily report or keep a diary or log book, recording general observations of Contractor's activities, weather conditions, data relative to questions of Work Change Directives, Change Orders or changed conditions, list of job site visitors, and specific detailed observations as required for observing test procedures; and send copies of al I to ENGINEER. Task 13 RPR shall record names, addresses and telephone numbers of all Contractors, subcontractors and major suppliers of materials and equipment. Task 14 RPR shall furnish to ENGINEER periodic reports as required of progress of the Work and of Contractor's compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. Task 15 RPR shall consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. Task 16 RPR shall draft proposed Change Orders and Work Change Directives, obtaining backup material from Contractor and recommend to ENGNEER Change Orders, Work Change Directives, and Field Orders. Task 17 RPR shall report immediately to ENGINEER and OWNER the occurrence of any accident. Task 18 RPR shall review Applications for Payment with Contractor for compliance with the established procedure for their submission and forward with recommendations to • Page 2 of 3 pages (Exhibit D -- Resident Project Representative's Responsibilities) ® ENGNEER, noting particularly the relationship of the payment requested to the schedule of values, Work completed and materials and equipment delivered at the site but not incorporated in the Work. Task 19 RPR shall during the course of the Work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed and in accordance with the Contract Documents, and have this material delivered to ENGNEER for review and forwarded to OWNER prior to final payment for the Work. Task 20 RPR shall submit to Contractor a list of observed items requiring completion or correction before ENGINEER issues a Certificate of Substantial Completion. Task 21 RPR shall observe whether Contractor has had performed inspections required by laws, rules, regulations, ordinances, codes, or orders applicable to the work, including but not limited to those to be performed by public agencies having jurisdiction over the work. Task 22 RPR shall conduct a final inspection in the company of ENGNEER, OWNER and Contractor, and shall observe whether all items on punch list have been completed or corrected and make recommendations to ENGNEER concerning acceptance and issuance of the Certificate of Completion. isPage 3 of 3 pages (Exhibit D — Resident Project Representative's Responsibilities)